Loading...
HomeMy WebLinkAboutCouncil Resolutions 1884RESOLUTION NO. 1884 A RESOLUTION APPROVING THAT INTERGOVERNMENTAL AGREEMENT WITH RVCOG FOR COMMERCIAL KITCHEN PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME Recitals: A. WHEREAS, RVCOG has acquired from City the former Public Works Facility located at 399 S 5th Street, Central Point, Oregon, for the purpose of relocating its RVCOG Food Bank Commercial Kitchen operations; and B. WHEREAS, RVCOG is not itself an eligible CDBG applicant and has requested City to serve as the applicant and grantee for the project with the City serving as the pass-through entity for reimbursement requests and distribution of grant funds; and C. WHEREAS, City is a non-metropolitan city eligible to apply for a 2026 Community Development Block Grant (CDBG) from Business Oregon, with funds originating from the U.S. Department of Housing and Urban Development (HUD) for public facilities and housing improvements primarily benefiting persons of low and moderate income; and D. WHEREAS, City Council, in accordance with the citizen participation requirements of the Oregon CDBG program, held a public hearing on July 16, 2026, where it was resolved that City is in support of the RVCOG Food Bank Commercial Kitchen Project and authorized submission of a pre- application and, if invited, a full application to Business Oregon for a 2026 Community Development Grant for the Project in an amount not to exceed $1,500,000; and E. WHEREAS, City is a member jurisdiction of RVCOG; and F. WHEREAS, the purpose of the IGA is to define the roles and responsibilities of RVCOG and City as they relate to the application and administration of the Community Development Block Grant funds to renovate the property located at 399 S 5th Street, Central Point, Oregon; and G. The City and RVCOG have authority to enter into this IGA under ORS Chapter 190. The City of Central Point resolves as follows: Docusign Envelope ID: 302B2C56-3F2E-8BD7-83DC-6C803E158FCA Res. No.1884; August 13, 2026 Page 2 Section 1. The Intergovernmental Agreement between the City of Central Point and the Rogue Valley Council of Governments for application of a CDBG grant for the Commercial Kitchen Project, attached hereto, is approved. Section 2. The City Manager is authorized to execute said agreement and to take any additional steps necessary to effectuate the terms of the IGA. Section 3. This Resolution becomes effective immediately upon its passage. Passed by the Council and signed by me in authentication of its passage this _____ day of August, 2026. _______________________________ Mayor Taneea Browning ATTEST: ______________________________ City Recorder Docusign Envelope ID: 302B2C56-3F2E-8BD7-83DC-6C803E158FCA 13th -1- INTERGOVERNMENTAL AGREEMENT FOR CDBG APPLICATION – COMMERCIAL KITCHEN PROJECT THIS AGREEMENT is made and entered into by and between the Rogue Valley Council of Governments, a voluntary intergovernmental association, hereinafter referred to as RVCOG, and the City of Central Point, a municipal corporation, hereinafter referred to as CITY, both of which are hereinafter referred to collectively as PARTIES; WITNESSETH WHEREAS, RVCOG has acquired from CITY the former Public Works Facility located at 399 S 5th Street, Central Point, Oregon, for the purpose of relocating its RVCOG Food Bank Commercial Kitchen operations; and WHEREAS, RVCOG is not itself an eligible CDBG applicant and has requested CITY to serve as the applicant and grantee for the project with the CITY serving as the pass-through entity for reimbursement requests and distribution of grant funds; and WHEREAS, CITY is a non-metropolitan CITY eligible to apply for a 2026 Community Development Block Grant (CDBG) from Business Oregon, with funds originating from the U.S. Department of Housing and Urban Development (HUD) for public facilities and housing improvements primarily benefiting persons of low and moderate income; and WHEREAS, CITY’s City Council, in accordance with the citizen participation requirements of the Oregon CDBG program, held a public hearing on July 16, 2026, where it was resolved that CITY is in support of the RVCOG Food Bank Commercial Kitchen Project and authorized submission of a pre- application and, if invited, a full application to Business Oregon for a 2026 Community Development Grant for the Project in an amount not to exceed $1,500,000; and WHEREAS, CITY is a member jurisdiction of RVCOG; and WHEREAS, the purpose of this agreement is to define the roles and responsibilities of RVCOG and CITY as they relate to the application and administration of the Community Development Block Grant funds to renovate the property located at 399 S 5th Street, Central Point, Oregon. NOW THEREFORE, in consideration of the mutual terms, conditions, stipulations and covenants herein contained, the PARTIES do hereby agree to the following: 1. CITY ROLE AND RESPONSIBILITIES a. Establish a staff and/or City Council liaison who will serve as the point of contact for CITY during the CDBG process, from pre-application to grant closure. b. Permit RVCOG to apply for CDBG funds through CITY. c. Act as the recipient of the award to the extent required by the Oregon Business Development Department-Infrastructure Finance Authority (OBDD-IFA). Docusign Envelope ID: 302B2C56-3F2E-8BD7-83DC-6C803E158FCA -2- d. Request a conflict-of-interest exception to designate RVCOG for grant administration, environmental review, and labor standard compliance from the OBDD-IFA in a letter in which the following Housing and Urban Development (HUD) regulations are responded to individually: 570.489(h)4 (i) and (ii); and, 570.489(h)5 (i),(ii),(iii),(iv),(v),(vi), and (vii). e. In the event that the conflict-of-interest exception in (d) above is not successful, select, in collaboration with RVCOG, a third-party administrator to be paid out of grant funds. f. Once the occupancy permit is obtained, ensure that the CDBG program required deed restriction (see Exhibit A) is recorded in the deed to the property owned by RVCOG. The deed restriction will remain in place until five years after the CITY closes the CDBG grant with the State. g. Assist RVCOG administratively in accomplishing the tasks identified under RVCOG ROLE AND RESPONSIBILITIES and maintaining regular communication with RVCOG. 2. RVCOG ROLE AND RESPONSIBILITIES a. Fully coordinate with, on an ongoing basis, the CITY designated staff and/or City Council liaison during the entire CDBG process, from pre-application to grant closure. b. Assume full responsibility for all aspects of CDBG grant application preparation and submittal. c. As outlined in a separate IGA, provide grant administration, environmental review, project management, and federal labor standards compliance should the conflict-of-interest exception be granted by OBDD-IFA. Should the conflict-of-interest exception not be granted, RVCOG will collaborate with CITY in the selection of a third-party administrator 3. EFFECTIVE DATE AND DURATION a. This AGREEMENT shall become effective upon signing of both PARTIES and shall continue until CITY receives notification from the State of Oregon that the project has been completed and item f. under Section 1 above has been completed. 4. COMPENSATION a. No compensation will be provided to or required from either PARTY under this AGREEMENT. 5. AGREEMENT DOCUMENTS a. This AGREEMENT shall be subject to all provisions, requirements, and conditions of the Community Development Block Grant Management Handbook, which are incorporated herein by this reference. In the event that any term or provision of this AGREEMENT conflicts with Grant Contract, the terms of the Grant Contract shall control. b. This AGREEMENT consists of this INTERGOVERNMENTAL AGREEMENT and includes the following listed exhibits (if checked) which are incorporated into this contract by reference and contain all of the terms and conditions of this AGREEMENT. Docusign Envelope ID: 302B2C56-3F2E-8BD7-83DC-6C803E158FCA -3- Exhibit A – Deed restriction Standard Terms and Conditions Special Provisions 6. CONTACTS a. The primary point of contact for RVCOG shall be: Peter Town, Grants and Contracts Administrator PO Box 3275, Central Point, OR 97502 541-423-1374 ptown@rvcog.org b. The primary point of contact for CITY shall be: Name: Matt Samitore Address: 140 S. Third Street, Central Point, OR 97502 Phone: 541-423-1017 Email: matt.samitore@centralpointoregon.gov IN WITNESS WHEREOF, THE PARTIES OF THIS AGREEMENT HEREBY ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS: CITY: _________________________________________ ______________ Signature Date _________________________________________ Name, Title ROGUE VALLEY COUNCIL of GOVERNMENTS: _________________________________________ ______________ Signature Date Ann Marie Alfrey, Executive Director Approved as to Legal Sufficiency (if applicable): _________________________________________ ______________ Signature Date _________________________________________ Name, Title Docusign Envelope ID: 302B2C56-3F2E-8BD7-83DC-6C803E158FCA -4- EXHIBIT "A" DEED RESTRICTION The City of Central Point, a political subdivision of the State of Oregon and the Recipient, shall be considered a party to this deed restriction until five years from the date the Community Development Block Grant (CDBG) is closed by City of Central Point, and shall have the right, if it so desires, to enforce restrictions pertaining to the Community Development Block Grant related to the RVCOG Food Bank Commercial Kitchen project contained herein by judicial or administrative proceeding. THEREBY, it is understood and agreed that this conveyance is made and accepted, and the realty is subject to the covenant, condition, restriction, and reservation that the realty must continue to be used for Food Bank Commercial Kitchen, or for another eligible use under Title I of the Housing and Community Development Act of 1974, as amended, 42 USC sections 5301-5321 (1994). This covenant, condition, restriction, and reservation shall apply to and run with the subject property for the five-year period required by the Community Development Block Grant. Should a final determination be made by the Community Development Block Grant Program that the realty is not being used for the above purpose during the before mentioned time period, and should restitution be required in the form of repayment of all or a portion of the value of the grant, and should the Rogue Valley Council of Governments be unwilling or unable to repay this amount, then all the right, title, and interest in and to the described property and to the improvement of such property shall revert to and reinvest in the City of Central Point or its successors and assigns, as fully and completely as if this instrument had not been executed. No reversion shall render invalid or operate in any way against the lien of any mortgage or deed of trust given with respect to the conveyed realty in good faith, and for value; and on any such reversion, City of Central Point shall take title to the conveyed realty subject to any such mortgage or deed of trust. Provided, however, that should any such mortgage or deed of trust be foreclosed, then the title acquired by such foreclosure, and the person or persons who thereby and thereafter become the owner or owners of the conveyed realty, shall be subject to and bound by all the restrictions contained in this instrument; and further provided, that City of Central Point may enforce any covenant, condition, and restriction by any other appropriate action at its sole option. Docusign Envelope ID: 302B2C56-3F2E-8BD7-83DC-6C803E158FCA